SYEDABDULLAHBUKHARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this application under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing the order dated 8-12-1993, passed by the learned Judicial Magistrate, Ist Class, Patna, in Complaint Case No. 809 (C)/93 taking cognizance of the offence under Section 500 of the Indian Penal Code against the petitioner, and also for quashing of the entire criminal prosecution launched against the petitioner.

(2.) Short facts giving rise to this application are as under. Complainant-Opposite party No. 2 filed a petition of complaint before the learned Chief Judicial Magistrate, Patna, stating therein that he had read the newspaper "Hindustan" on 22-5-1993 published from Patna and came to know that the petitioner made a statement before the gathering in Jama Masjid, New Delhi, on 21-5-1993 before Friday Prayer that he and his son shall not appear before the court pursuant to summons issued by a mad court, upon a complaint filed by a mad man. The complainant has further alleged in the complaint petition that the being a practising lawyer felt defamed by the alleged statement made by the petitioner in the newspaper.

(3.) The learned Chief Judicial Magistrate on the basis of the complaint petition examined the complainant on solemn affirmation and transferred the case under Section 192 of the Code of Criminal Procedure for enquiry before the Judicial Magistrate, Ist Class, Patna, and the transferee court, thereafter, enquired into the matter and took cognizance of the offence against the petitioner under Section 500 of the Indian Penal Code and issued processes for his appearance in the court.